Cygnet Law’s Melanie Wood discusses everything you need to know about no fault divorce
Divorce lawyers often see a surge in enquiries around this time of year as, unfortunately, many married couples start to think about divorce. Divorce can be difficult to navigate at the best of times, however the legal process has changed, and now promotes a more amicable approach to separation.
A landmark ruling, under The Divorce, Dissolution and Separation Act 2020, came into effect in April 2022. The first major reform to divorce law in 50 years, its main aim was to reduce the amount of conflict that parties would have to go through in the event of a divorce.
The new ruling means that couples can apply for divorce, jointly if they wish, without having to apportion blame or wait out a lengthy separation period. Those that have decided to divorce their spouse can now go ahead, with or without their partner’s consent, by providing a statement of irretrievable breakdown. The change in the law also makes it more difficult for one partner to contest a divorce, locking their partner into an unhappy marriage.
- To get your tickets for the BUSINESSiQ Awards, CLICK HERE
When it comes to no fault divorce, there is a required ‘period of reflection’, which allows time for parties to consider their decision and decide if the marriage can be salvaged. This period, which is a minimum of 20 weeks, also allows time for both spouses to agree to practical and financial arrangements surrounding the separation.
As most are well aware, divorce is much more than just ending a marriage. There is usually a raft of complex issues to deal with, from who will stay living in a shared home, to where the children will live.
Following separation and plans to divorce, it’s worth considering family mediation as a first step, to help decide on terms of agreement in a safe space. During mediation, a trained specialist will help you and your spouse work through difficult issues, such as financials or childcare arrangements. This is almost always a better option than going to court, which is expensive and time consuming.
Aside from the no fault ruling, at Cygnet Law we understand that divorce puts a huge amount of stress and strain on families. It’s important that you are supported by friends and family, but also guided through the process by professionals.
Cygnet can help move matters on for you once you are ready to begin divorce proceedings. If you would like any advice, our specialist solicitors can help. Find out more about us by visiting cygnetlaw.co.uk
Share